Legal Question in Legal Malpractice in California

I was arrested as the result of someone filing a false police report. Upon my arrest I gave a very detailed account of what happened. The Sherriff that made my arrest made a CD recording of the statement I made, but then altered it by deleting many statements I made before presenting it to the DA and my attorney. After the DA took the case I presented evidence that was convincing enough for them to state they would drop all charges. They also supressed evidence that my attorney made 3 request to obtain. I got the evidence though the victims right act. The DA did not act with due diligence, and 4 months later the charges were still pending. The DA admitted avoiding the alleged victim and did not make an attempt to interview him until over 4 months later. After the interview the DA stated they were afraid of the alleged victim and requested another month before they would drop the charges so the victim wouldn't retaliate against them. Charges were finally dropped, but my career as a Realtor was shot. I was awarded in cicvil court a permanent restraining order against the person who filed the false police report. That person committed suicide last month. On Dec. 23 2010 , a local paper printed my mugshot with a very negative article misstating the facts, making look like a vicious criminal on the loose in the community . I really need some good advice on how to proceed. I longer have an attorney at the present. Please somebody HELP!


Asked on 12/31/10, 2:21 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I hope you sought and obtained a declaration of "actual innocence" from the criminal court before the legal time limit expired. While you cannot sue newspapers for printing true information, certainly if they printed falsehoods and you incurred damage to your reputation this would be actionable. The first step is for your attorney to write to the newspaper demanding a formal retraction and apology. The newspaper's response will dictate your future course of action after that.

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Answered on 1/05/11, 2:29 am


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